BANGOR, Maine — A Bangor man convicted of gross sexual assault earlier this month by a Penobscot County jury was sentenced Tuesday to eight years in prison with all but four suspended.
John Auclair, 45, was found not guilty of the more serious charge of rape at the end of a two-day jury trial. The jury concluded that the he had sex with the 41-year-old victim when she was incapacitated and unable to resist but had not used force or coercion.
Auclair was convicted of sexually assaulting the female acquaintance last year after he, his victim and his girlfriend had been out drinking in Bangor. His girlfriend, Sherry DePhilippo, 38, of Glenburn, who would have corroborated his version of events, according to defense attorney Kirk Bloomer, was killed in a car accident in April.
Auclair maintained during the trial that the sex was consensual. He said Tuesday that he planned to appeal the conviction and sentence while serving his sentence.
Auclair faced up to 10 years in prison on the gross sexual assault conviction.